A/HRC/57/62
into domestic legislation, protecting communities of inhabitants that derived their means of
subsistence from the natural environment.47
36.
In 2021, Ukraine adopted a law on Indigenous Peoples. However, it does not fully
ensure the rights of Indigenous Peoples as affirmed in the Declaration, in particular the right
to self-determination. While that issue could allegedly be resolved by making changes to the
Constitution of Ukraine, owing to the current armed conflict, there are no legal mechanisms
for making such a decision.48
37.
In Brazil, the adoption of Law No. 14.701 in 2023 introduced several provisions that
contravene some of the articles of the Declaration, including the right to use, develop and
control Indigenous territories and the right to prior, free and informed consent. That law also
contravenes the provisions of the Constitution of Brazil concerning Indigenous rights and
alters the established procedure for the demarcation of Indigenous lands, imposing the
doctrine of the temporal framework, which requires Indigenous Peoples to have been in
possession of their lands or to have had claims in process when the 1988 Constitution was
enacted, with no consideration given to how or why they were removed from their lands. 49
C.
Policy measures taken by States to achieve the ends of the Declaration
38.
There are obvious links between legislation, constitutions and public policies for the
implementation of the Declaration. However, at the State level, the Declaration has often
been defined as an aspirational document rather than an international human rights instrument
that has legal effect and can alter policy.50
39.
In Australia, the National Indigenous Australians Agency was established in 2019 to
lead and coordinate Commonwealth policy development, programme design,
implementation and service delivery for Aboriginal and Torres Strait Islander peoples.
40.
In New Zealand, the National Iwi Chairs Forum has twice worked with the
Government to assist in developing a national plan of action to implement the Declaration.
The first draft of the plan, worked on in 2019 following a visit from the Expert Mechanism,
was shelved for more than 12 months without public release. In 2021, there was rigorous
engagement within a Government, Iwi and Human Rights Commission tripartite governance
group, which informed the draft plan, but it was again halted towards the end of 2022.51
41.
In Malaysia, the Government has developed a number of general and targeted policies
pertaining to Orang Asli, the Indigenous Peoples of Malaysia. The policies concern health,
education in their own language, protection from economic exploitation, improvement of
their economic and social conditions, protection against all forms of violence against women
and just and fair redress to mitigate the adverse environmental, economic, social and cultural
impacts they have faced.52
42.
In the Russian Federation, the State ethnic policy in place until 2025 emphasizes the
State’s obligation to guarantee the rights of small-numbered Indigenous Peoples, including
support for their economic, social and cultural development and protection of their ancestral
habitat and traditional way of life. 53 As part of its efforts to implement the development
strategy for the Arctic zone of the Russian Federation and for ensuring national security until
2035, the Ministry of Health has approved an action plan for the development of telemedicine
47
48
49
50
51
52
53
GE.24-13517
Submission from Clinique de droit international de l’Université Paris II Panthéon-Assas (in French).
Submission from Crimean Tatar Resource Center.
Submission from Indigenous Missionary Council (Conselho Indigenista Missionário).
Presentation by Victor Toledo at the expert meeting, November 2023.
Presentation by Kim Hamilton, National Iwi Chairs Forum, at the expert meeting, November 2023.
Submission from Malaysia.
Presentation by Vasilii Nemechkin at the expert meeting, November 2023. See also submission from
Regional Association of Indigenous Small-Numbered Peoples of the North of Krasnoyarsk Territory,
Union of Indigenous Peoples “SOYUZ” and Siberian Federal University.
9